Terms of Service
Oct 5, 2021
Terms of Service
These terms of service (the “Terms”) tell you the terms on which you may use the Mindstone Service that Mindstone makes available through https://app.mindstone.com and the Mindstone app.
Please read these Terms carefully before you start to use the Mindstone Service. By using the Mindstone Service, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use the Mindstone Service.
1. ABOUT MINDSTONE
1.1. The Mindstone Service is provided by Mindstone Learning Limited, a company registered in England and Wales (company number 12535319) having its registered address at 190 High Holborn, London, England, WC1V 7BH (“Mindstone”, “we”, “us” and “our”).
1.2. Our VAT registration number is GB346178581
2.1 In these Terms, the following words shall have the meanings given to them below:
- “App” means the Mindstone app;
- “Mindstone Service” means the digital information management and sharing platform that Mindstone makes available through the Website and the App with features allowing you to organise, annotate and share Your Content (among other matters) (“Insights”), and create, edit and upload educational and non-educational courses for other users of Mindstone Service to view (“Courses”);
- “Third Party Content” means any content uploaded to the Mindstone Service by any other user of the Mindstone Service; - “Website” means https://app.mindstone.com; and
- “Your Content” has the meaning given in section 8.1.
3. HOW TO CONTACT US
3.1 You can contact us in the following ways:
3.1.1 by email at: [email protected];
3.1.2 by post at: Mindstone Learning Limited, 190 High Holborn, London, England, WC1V 7BH; or
3.1.3 through the chat facility available on our Website.
4. HOW WE WILL CONTACT YOU
4.1 We will mainly contact you by email using the details you provided when creating your account. As such, you must notify us as soon as possible if any of your details change.
4.2 We may also contact you by posting messages on the Mindstone Service where appropriate.
5. MINDSTONE SERVICE
5.1 The Mindstone Service is still in “beta” which means we are continuing to test and develop the Mindstone Service and fix any bugs and faults.
5.2 We therefore provide the Mindstone Service on an "as is" and "as available" basis with all faults and bugs.
5.3 We do not guarantee that the Mindstone Service will always be available or be uninterrupted.
5.4 We may suspend, withdraw, discontinue or change all or any part of the Mindstone Service without notice.
5.5 You agree that your use of the Mindstone Service is at your own risk.
5.6 We will not be liable to you if for any reason the Mindstone Service is unavailable at any time or for any period.
5.7 Unless specifically stated otherwise, any new features, services or software applications introduced shall be subject to these Terms.
6. YOUR ACCOUNT AND PASSWORD
6.1 You must be 13 or older to create an account with us.
6.2 Your use of the Mindstone Service is for personal use whether in a private or professional or business capacity.
6.3 We may suspend or terminate your account and access to the Mindstone Service if any information provided proves not to be accurate or current.
6.4 You are responsible for maintaining the confidentiality of your account details, including your passwords or any other piece of information that forms part of our security procedures. You authorise us to act on instructions received under your account and we will not be liable for any loss that you might suffer through following such instructions whether by you or another person.
6.5 You must contact us immediately if you believe that your account has been compromised or if you believe that the security of your account is at risk.
6.6 You are responsible for all activity under your account even if someone else uses your account.
7. YOUR RIGHT TO USE THE MINDSTONE SERVICE
7.1 We grant you a limited, non-exclusive, non-transferable licence to install and use the Mindstone Service on your mobile and/or desktop device in accordance with these Terms.
7.2 All intellectual property in the Mindstone Service (including the screen displays, the content, the text, graphics and look and feel of the Mindstone Service), belongs to us or our licensors. All trademarks, service marks, company names or logos are the property of their respective holders. Any use by you of these marks, names and logos may constitute an infringement of the holders' rights. We do not warrant that the Mindstone Service does not infringe any intellectual property rights of third parties.
7.3 In the event of any claim that the Mindstone Service or your lawful use of the Mindstone Service infringes a third party’s intellectual property rights, we will be solely responsible for the investigation, defence, settlement and discharge of any such claim.
7.4 You may not reproduce, republish, transmit or distribute any material, information or content on the Mindstone Service or that form part of our services without our prior written consent, except in relation to Your Content or Third Party Content which may be distributed in accordance with the sharing feature of the Mindstone Service.
7.5 When using the Mindstone Service, you may not:
7.5.1 circumvent, disable or otherwise interfere with any security related features of the Mindstone Service;
7.5.2 permit another person to use the Mindstone Service on your behalf unless such person is authorised by you;
7.5.3 use the Mindstone Service if we have suspended or banned you from using it;
7.5.4 use the Mindstone Service in any way that breaches any applicable local, national or international law or regulation;
7.5.5 upload or share content that:
a. is pornographic or indecent, or that contains extreme acts of violence or terrorist activity, including terror propaganda;
b. is harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive; or
c. violates the privacy or other rights of third parties;
d. advocates bigotry or hatred against any person or group of people based on their race, religion, ethnicity, sex, gender identity, sexual orientation, disability or impairment;
7.5.6 advocate, promote or engage in any illegal or unlawful conduct, including any criminal activity, or conduct that causes damage or injury to any person;
7.5.7 modify, interfere with, intercept, disrupt or hack the Mindstone Service;
7.5.8 misuse the Mindstone Service by knowingly introducing viruses, Trojans, worms, logic bombs or other material which would harm the Mindstone Service or any user of the Mindstone Service’s own equipment;
7.5.9 collect any data from the Mindstone Service other than in accordance with these Terms; or
7.5.10 use any automated system including, without limitation, “robots”, “spiders” or “offline readers” to access the Mindstone Service in a manner that sends more request messages to the Mindstone Service than a human can reasonably produce in the same amount of time,
(together referred to as the “Rules of Acceptable Use” in these Terms).
7.6 Failure to comply with the Rules of Acceptable Use constitutes a serious breach of these Terms and may result in us taking all or any of the following actions (with or without notice):
7.6.1 removal of Your Content (as defined below in section 8.1);
7.6.2 immediate, temporary or permanent withdrawal of your right to use the Mindstone Service;
7.6.3 issuing a warning to you; or
7.6.4 disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
7.7 The responses described in section 7.6 above are not limited and we may take any other action we reasonably deem appropriate.
7.8 We reserve the right, in our sole discretion and without notice to you, to terminate your access and to prevent future access by you to the Mindstone Service.
8. YOUR CONTENT
8.1 When you use the Mindstone Service, you may upload from your own device or from third party websites using our URL tool to the Insights and Courses content and materials, including but not limited to notes, articles, videos, podcasts, PDFs, reviews, Courses or other material (“Your Content”). These Terms do not give us any rights to Your Content except for the limited rights that enable us to offer the Mindstone Service.
8.2 To provide the Mindstone Service and other features, Mindstone accesses, stores and scans Your Content. You hereby give us permission to provide these services.
8.3 You may use the Mindstone Service for lawful purposes only. Accordingly, you may only upload whether directly or using our URL
tool Your Content on the Website and/or the App if you have the right to do so.
Please note that Your Content may be subject to third party intellectual property rights and/or other restrictions on use. You must not upload, , modify or share content using the Mindstone Service unless you have the right to do so. In particular, by posting Your Content you promise that Your Content:
8.3.1 is original to you and/or is licensed and fully cleared to permit us to use Your Content in accordance with the Terms;
8.3.2 was produced in compliance with all applicable laws and regulations;
8.3.3 does and will not, in any way, violate or breach any of these Terms;
8.3.4 does not contain libellous, tortious, or otherwise unlawful information, infringe or violate any copyright or other right, or contain any matter the publication or sale of which will violate any applicable law or regulation;
8.3.5 is not obscene or in any other manner unlawful; and
8.3.6 shall not be injurious to the health of any user.
8.4 You promise that Mindstone shall not be required to pay or incur any sums to any person or entity as a result of our use or exploitation of Your Content. At our request and in accordance with Mindstone’s reasonable instructions, you will promptly delete the Website and/or the App and not use the Mindstone Service to send, knowingly receive, upload, download, use or re-use any of Your Content that would hinder the performance of the Website, the App, and/or the Mindstone Service.
8.5 We are not responsible for Your Content or any Third Party Content accessible on the Mindstone Service. You will reimburse Mindstone for any liability it incurs in connection with any third party claim relating to Your Content.
8.6 Mindstone may review Your Content for compliance with these Terms and may, in its sole discretion, remove any of Your Content from the Mindstone Service although it has no obligation to review Your Content.
8.7 By using the Website and/or the App and uploading any of Your Content, you permit us to extract metadata for indexing and improved searchability purposes from any of Your Content that you upload to the Website and/or the App. We do not claim any ownership rights in Your Content or any other user’s content. After uploading Your Content to the Website and/or the App, except for the permissions granted to us hereunder, you continue to retain all your rights in Your Content
9. NOTICE AND TAKEDOWN
9.1 Any person may contact us and/or send us an “Infringement Notice” if any of Your Content (or part thereof) available through the Mindstone Service infringes their rights or fails to comply with our Rules of Acceptable Use.
9.2 The Infringement Notice should be sent either by post to 190 High Holborn, London, England, WC1V 7BH, or by email at [email protected]. Please provide the information described below in the Infringement Notice:
9.2.1 your name and contact details;
9.2.2 a statement explaining in sufficient detail why you consider that the content available through the Mindstone Service infringes your rights or fails to comply with our Rules of Acceptable Use; and
9.2.3 a link to or such other means of identifying the problematic content.
We will take the action that we believe is appropriate depending on the nature of the Infringement Notice and will aim to respond to you within a reasonable period of time on the action we propose to take.
10. USER REVIEWS
10.1 While using the Mindstone Service, you may be able to write reviews on the Website and/or the App for certain Courses. We take the integrity of the Courses provided through the Mindstone Service very seriously. Any attempt to manipulate any content or features of the Mindstone Service, including by contributing misleading or false content, is strictly prohibited.
10.2 In order to write reviews for a Course, you must have taken and completed that Course.
10.3 All reviews written on the Website and/or the App must:
10.3.1 be genuine and in accordance with the Rules of Acceptable Use and the relevant requirement relating to Your Content set out in section 8 above;
10.3.2 not be regarding Your Content or the content of any person/entity connected to you (e.g., relative, friends, business associates, or competitor).
10.3.3 written in exchange for compensation of any kind, or on behalf of any other person or entity. You must also not offer or request compensation in exchange of writing or modifying any reviews; and
10.3.4 not contain any advertisements or solicitations, including URLs with referrer tags or affiliate codes.
10.4 In addition to our rights set out in sections 8 and 9, breach of this section 10 may also breach applicable laws and can lead to legal action and civil and criminal penalties.
10.5 If you notice any reviews on the Website and/or the App that may be in violation of this section 10, please notify us by emailing us at [email protected].
11. YOUR PRIVACY
11.1 We need to collect certain personal information from you in order to provide you with the services we make available through the Mindstone Service.
12. WHEN WE CAN SUSPEND OR CLOSE YOUR ACCOUNT
12.1 We may suspend or terminate your account if:
12.1.1 you breach, or we suspect you are in breach of, the Rules of Acceptable Use set out in section 7.5 above; or
12.1.2 we suspect that you are doing something illegal.
13. OUR RESPONSIBILITY TO YOU
13.1 Although we have taken all reasonable care to ensure that the features and functionalities provided on the Mindstone Service are of a reasonably satisfactory standard, certain features may rely on networks and connections that are beyond our control. We shall therefore not be liable or responsible for any failure to perform, or delay in performance, of any of our obligations to you which is caused by events outside our reasonable control.
13.2 We do not guarantee that the Mindstone Service will be compatible with all or any hardware and software which you may use. We do not guarantee that the Mindstone Service will be available at all times or at any specific time. We may modify, withdraw, or suspend the Mindstone Service or any part of it without notice at any time.
13.3 Since the Mindstone Service is provided for free, we shall not be responsible to you for any claim arising out of the provision of the Mindstone Service.
13.4 We will never be responsible for any loss or damage that is not reasonably foreseeable or that is caused by a failure by you to comply with these Terms.
13.5 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal
injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
14. UPDATES TO THE MINDSTONE SERVICE
14.1 From time to time we may automatically update the Mindstone Service to improve performance, enhance functionality, reflect changes to our products or regulations, or address security issues. Alternatively, if you are using the App, we may ask you to update the App for these reasons.
14.2 If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the Mindstone Service.
15. CHANGES TO THESE TERMS
15.1 We may change these Terms from time to time. Any changes we may make to these Terms in the future will be posted on the Mindstone Service and, where appropriate, notified to you by email. By continuing to use and access this Site following such changes, you agree to be bound by any changes we make. Please review this page frequently to see any updates or changes to these Terms.
15.2 The latest version of these Terms will always be available on the Website and in the App.
While we take all reasonable precautions to keep the Mindstone Service free from viruses, corrupt files and other malicious software, we cannot guarantee this. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your device.
17. THIRD PARTY LINKS
The Mindstone Service may contain links to third party websites or resources. Mindstone provides these links and resources only as a convenience and is not responsible for the content, products, or services on or available from those websites or in those resources, the links displayed on such websites or the privacy practices of such websites. We recommend that you read and consider these websites’ privacy policies and terms and conditions before providing any of your personal information.
18. APPLE APP STORE REQUIREMENTS
18.1 This section 18 only applies where the App has been downloaded from the Apple App Store.
18.2 These Terms are between you and us only and not between you and Apple, Inc (“Apple”). Apple has no responsibility for the App or content
thereof. Your use of the App must comply with the App Store Terms of Service.
18.3 Apple has no obligation to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and (where applicable) Apple will refund the purchase price for the App to you. To the maximum extent permitted by law, Apple will have no warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and any law applicable to Mindstone as provider of the App.
18.4 You acknowledge and agree that Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and/or use of the App, including, but not limited to:
18.4.1 product liability claims;
18.4.2 any claim that the App fails to conform to any applicable legal or regulatory requirement; and
18.4.3 claims arising under consumer protection or similar legislation, and all such claims are governed by these Terms and any law applicable to Mindstone as the provider of the App.
18.5 You acknowledge that, in the event of any third-party claim that the App or your use of the App infringes a third party’s intellectual property rights, Mindstone, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
18.6 You represent and warrant that you are not located in a country that is subject to US Government embargo, or that has been designated by the US Government as a “terrorist supporting” country, and you are not listed on any US Government list of prohibited or restricted parties.
18.7 Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce these Terms as related to your licence of the App against you.
19. OTHER APP MARKETPLACES AND PLATFORMS
19.1 This section 19 applies where the App has been downloaded from any app store or distribution platform other than the Apple App Store, including the Google Play Store and the Windows Store (the “Distribution Platform”):
19.1.1 you acknowledge that these Terms are between you and Mindstone, and not with the provider of the Distribution Platform (“Store Provider”);
19.1.2 your use of the App must comply with the Store Provider’s Terms of Service;
19.1.3 the Store Provider is only a provider of the Distribution Platform;
19.1.4 Mindstone, and not the Store Provider, is solely responsible for the App;
19.1.5 the Store Provider has no obligation or liability to you with respect to the App or these Terms; and
19.1.6 you acknowledge and agree that the Store Provider is a third-party beneficiary to these Terms as it relates to the App.
20. LEGAL STUFF
20.1 The invalidity or unenforceability of any provision (in whole or part) of these Terms shall not affect the validity or enforceability of the remaining provisions (in whole or part). The whole or part of any provision which is held by a court of competent jurisdiction to be invalid or unenforceable shall be deemed deleted from these Terms.
20.2 These Terms are personal to you. You shall not be entitled to assign these Terms in whole or in part to any third party without our prior written consent.
20.3 We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these Terms.
20.4 Any failure by us to enforce any of these Terms shall not be a waiver of them or limit the right to subsequently enforce any of these Terms.
20.5 These Terms shall be governed and construed in accordance with English law, and (subject to the following sentence) the English courts shall have exclusive jurisdiction to determine the interpretation and application of these Terms if any dispute arises. However, if you are a resident of Northern Ireland you may also bring proceedings in the courts of Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in the courts of Scotland.
Last updated: 5th October 2021